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Ocoee Release Fix Proposed in TN Legislature

A bill has been introduced in the Tennessee Legislature that aims to continue treasured
recreational releases on the Ocoee River after current release agreements expire in March of
2019. The Ocoee River Recreation
and Economic Development Fund Act, would create a fund that would be used to pay the
Tennessee Valley Authority (TVA) for releases and to pay for other river management costs. The
Fund would be funded through a 10% fee on outfitter revenue, as well as through state
appropriations, grants, and donations. The Fund would be administered by an 11-person board,
including a private boating representative.

The bill is silent on the number and timing of releases that would be bought from the TVA. Both
TVA and outfitters indicate that the release schedule will be very similar to the current
schedule on both the Upper and Middle Ocoee. The proposed release schedule should be available
within a few weeks.

If this bill passes, a number of steps would have to follow. The Fund would likely need an
initial appropriation from the State legislature to make payments to TVA in 2019. The TVA will
study a range of release schedules using a (NEPA) process that requires consideration of
alternatives and public comment (estimated to begin in early May). Contracts will be signed
based on the outcome of the study. With the Fund in place, money in the Fund, a decision from TVA
in place, and a contract with TVA, recreation releases could continue for years to come.

Paddlers have a few important near-term opportunities to weigh in on this proposed path forward:

STEP 1 - First: Read the Bill. The bill's webpage is here, the
language itself is in the
amendment (you can also download here). Note
other amendments may be added to the bill's webpage (one already eliminated a proposed
increase in rafting capacity).

STEP 2 - Now: If you live in Tennessee, reach out to your state legislators and
tell them what you think about the bill. We made it easy for you to email your legislator and let them
know what you think about the bill.

STEP 3 – May 2017: No matter where you live, when TVA studies the fate of
the Ocoee you will have opportunities to comment at least twice: once on what issues and
alternatives should be studied and preferred (Likely May), and then on their draft analysis and
draft decision (Likely 2018).

STEP 4 – This Summer: If the bill passes, you will be able to contact the
private boating representative and other members of the fund board to advocate for your
interests.

Here at American Whitewater we do not believe the public should have to pay a public agency for
public water to be released from public dams. With this said, the historical pay-for-water status
quo is unlikely to change as long as there are willing payers, and therefore we look at this
legislation pragmatically. This is the path the outfitters have chosen to take to protect Ocoee
releases, at their own expense, and it stands to protect these very important releases for all
paddlers. While we should remain vigilant regarding potential new fees on private boaters, this
legislation does not include or envision such fees. We support this legislation as a means of
funding Ocoee River management.

American Whitewater wants to see no net loss in Ocoee releases. We’ll be advocating
for the continuation of the historic schedule or something very close in TVA’s public
process. If the request from the Fund falls short of this goal, we’ll ask TVA to make up
the shortfall by providing releases free of compensation. Over 750 paddlers participated in our
Ocoee River related survey late last year and we have a wealth of data to support the value of
releases.

American Whitewater will help keep paddlers aware of all opportunities to weigh in, and make
commenting easy at each step. We view this as an issue of national importance, and will be highly
involved now that public processes have begun. We’d like to thank NRS for supporting our
efforts to secure a good outcome on the Ocoee. The important first step: If you live in TN,
Let your legislator know what
you think about the Ocoee River Recreation and Economic Development Fund Act.